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Norwegian Cruise Lines (NCL) and their team of talented defense lawyers are absolute masters at having the lawsuits of people who claim to have been hurt on their ships dismissed from court, without paying a dime, by asking for summary judgment–a legal process that kicks case after case out of court before a jury is […]
The post Suing Norwegian Cruise Line: How an Injured Cruise Ship Passenger Beat NCL appeared first on Miami Personal Injury Lawyer.Read More
Accidents caused by distracted drivers who are busy texting, Snapping, taking selfies, searching for Pokémon Go, or scrolling through their Tinder accounts are sadly becoming more common. The National Highway Traffic Safety Administration’s latest data reports that the percentage of highway fatalities increased more in 2015 than in any of the past 50 years. And […]
The post Miami Car Accident: Accidents caused by Distracted Drivers Using Snapchat and FaceTime appeared first on Miami Personal Injury Lawyer.Read More
DEAR FLORIDA CAR ACCIDENT LAWYER, I WAS HIT BY A DUI DRIVER WHO HAS NO AUTO INSURANCE HOW DO I GET MONEY? SOL in Miami DEAR SOL in MIAMI, THANK YOU FOR YOUR EMAIL. MAYBE WE CAN HELP. I have been a Florida personal injury lawyer since 1991, and having personally investigated thousands of car, truck, […]
The post How Do You Collect Money When Hit By a DUI Driver in a Florida Car Accident ? appeared first on Miami Personal Injury Lawyer.Read More
Since 1991 I have represented people who have suffered serious injuries and accidents on cruise ships in their claims against the major cruise lines, like Carnival, Royal Caribbean, Celebrity, Norwegian, Disney, MSC, and others. Perhaps the most difficult kind of cruise ship passenger injury claim to win against a cruise line is one that occurs […]
The post Suing Royal Caribbean: Motorcycle Excursion Accident Case in St. Maarten Dismissed appeared first on Miami Personal Injury Lawyer.Read More
Contractors and their lawyers understand arbitration is often the preferred method for the resolution of a construction dispute. It is a standard clause in most construction contracts.
But what happens if an agreement is not very clear and the parties are uncertain if their disagreement is to be presented to an arbitration panel or to a court. Who gets to make the decision as to where the dispute is heard?
A recent case provided an interesting answer. The supplier of impact resistant doors and the general contractor on a hi-rise project had a difference of opinion over timely delivery of ordered product. Since it wasn’t clear if they had agreed to arbitrate or litigate their disputes, they filed suit, asking the court for guidance. A judge found the parties had sufficiently evidenced their intent to have arbitrators, not a court, hear and decide their disagreements. How? He discovered they had incorporated a reference to the Construction Industry Rules of the American Arbitration Association within their contract.
So be careful – even just referring to arbitration rules can sway a court in the direction of having a dispute arbitrated versus litigated. Better to state clearly which option you prefer. This way, you, and not a third-party, get to make this all important decision.
You’ll also have access to free forms and an eBook.
When it comes to construction liens, don’t find yourself in deep water without a lifeline. Knowing the ins and outs of this complex area of the law can allow you to swim ahead of the pack, securing your work and obtaining payments due.
Read TheLienZone and find the answers to these common questions:
Written by Alexander Barthet (email@example.com), a Board Certified Construction Law Expert. Subscribe to receive updates. It’s free. You’ll also have access to free forms and our eBook, download as many as you want.